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Town Board
Monday, September 8 2014
TIME: 7:00 p.m.
LOCATION: at the Taycheedah Town Hall
Monthly Meeting

AGENDA

Call to order.
Pledge of Allegiance.
Approval of meeting minutes.
Committee Reports:
Park & Rec.
Road Supervisor's Report.
Review financial reports.
Approval of Town bills.

Unfinished Business
1. Discuss road construction projects yet to be completed by the developer.
a. Hawk's Landing-Nett Land & Development, LLC.
b. Raven View Estates-Bob Norris.
c. Sand Hill Ridge-Signature Homes by Adashun Jones, Inc.
Consideration to draw against the Letter of Credit to complete Subdivision roads after completing repairs.
d. Sandy Beach Business Park-R.A.M. Investments, LLC.
Consideration to draw against the Letter of Credit to complete Subdivision roads.
e. Windward Estates-Gibraltar Development, LLC.
f. Consideration to draw against the Letter of Credit to complete Subdivision roads.
2. Consideration and possible approval of a proposal for the installation of a zone damper in the Road Maintenance Supervisor's Office.
3. Discuss Deadwood Point Road ditch maintenance and dredging of the drainage-way located on the Fett and Town property.
4. Consideration and possible acceptance of a Planning Service Agreement, submitted by Community Planning & Consulting, LLC, for an on-call staff consultant.
5. Appointment to the Taycheedah Sanitary District No. 3 Commission, for a term of 6 years.

New Business
1. Consideration and possible approval of a rezone from Single-Family Residential without Public Sewer (R-2) to Single-Family Residential with Public Sewer, requested by Tim Korytko for lands located at W3907 Silica Road.
2. Consideration and possible approval of a rezone from Exclusive Agriculture/Farmland Preservation District (A-1) to General Agriculture (A-2), requested by Lynn & Peggy Birschbach for land located immediately west of W2961 Cody Road.
3. Consideration and possible amendment to Zoning Code, Section 13-1-54, Business District with Public Sewer (B-1), to decrease the minimum lot size from 'one acre' to 'one-half acre', and Section 13-1-71 Bed & Breakfast Establishments, to increase the number of rooms provided for lodging from 'four or fewer' to 'eight or fewer'.
4. Consideration and possible repeal of Title 6, Chapter 5, Maintenance of Natural and Man-Made Surface Drainage Ways "Ditch and Waterways".
5. Consideration and possible approval of the installation of a Little Free Library on the Town-owned parcel located at Hidden Prairie entrance.
6. Consideration and possible acceptance of a Cleaning Services Proposal, submitted by Guardian.
7. Board of Appeals appointment to fill a vacancy
8. Certified Survey Maps.
9. Authorization to change/update the account signers on the Town credit card and consider increasing the credit limit.
10. Discuss possible technical assistance project requests to be submitted to East Central Wisconsin Regional Planning Commission for 2015.
11. Discuss property/liability insurance renewal.
12. Implements of Husbandry Workshop-September 24th, 7:00 p.m., Lamartine Town Hall, N5269 Schaefer Drive, Oakfield.

Ordinance Enforcement
1. Chickens in a residential district-N8628 Decorah Lane.
2. Nuisance debris-W4014 Cty. WH and N8114 Glen Street.
3. Noxious weeds-W3651 Cty. WH.

Public comments and questions pertaining to town business

Adjournment


Brenda A. Schneider, Clerk


Please note, upon reasonable notice, efforts will be made to accommodate the needs of disabled individuals through appropriate aids and services. For additional information, or to request this service, please contact Brenda Schneider at 921-5224.


MINUTES

TOWN BOARD
MONTHLY BOARD MEETING
SEPTEMBER 8, 2014
7:00 P.M.
TAYCHEEDAH TOWN HALL


Members present were Chairman Jerry Guelig, Supervisors John Abler, Clarence Kraus and Jim Rosenthal. Also present were Clerk Brenda Schneider, Treasurer Kathy Diederich, Constable Bill Gius and Road Maintenance Supervisor Mike Sabel. Excused: Supervisor Tim Simon.

Call to order and Pledge of Allegiance:
Chairman Guelig called the meeting to order at 7:00 pm. The Pledge of Allegiance was recited.

Approval of Meeting Minutes:
Motion by Clarence Kraus, second by John Abler, to approve the minutes of the 8/11/14 meeting. Motion carried (4-0).

Committee Reports:
Park & Rec Committee: No report was presented.

Road Maintenance Supervisor Report:
Mike Sabel reported that Northeast Asphalt will begin the pulverizing of planned projects in the Town by the end of the week. Sabel noted that he will do the fall ditch mowing in October.

Review the financial reports:
The August 2014 financial report was reviewed. Motion by Jim Rosenthal, second by John Abler, to accept the report and place it on file. Motion carried (4-0).

Approval of Town bills:
Motion by Jerry Guelig, second by John Abler, to approve the bills (order nos. 412-468). Motion carried (4-0).

Unfinished Business:
#1 Discuss road construction projects yet to be completed by the developer. Letters informing the developers of the Board's position to complete these projects during the 2014 season were sent on or about April 30th. The developers were directed to submit a written response within 30 days as to their plans to complete their projects. The following is a status of each project:
a. Hawk's Landing. Hawk's Landing needs base coarse repair in spots, final coat and shouldering. The Town's 2014 estimate is $17,212.50 for the repairs and $84,660 for the final coat and shouldering. The Letter of Credit, in the amount of $94,500, will expire 8/15/14.
Nett disputes their responsibility for the needed repairs to the asphalt base; however, they have reluctantly agreed to present the Town will a check for $17,212.50 under the condition the Town agrees hold the check for 30 days and execute their written "Reservation of Rights".
The Netts have also presented a check for $84,660, made payable to the Town of Taycheedah and Northeast Asphalt, Inc. The Netts prefer to not renew the Letter of Credit.
During the August Town Board Meeting, the Board formally accepted the check from Nett Land & Development for the repairs to the base, in the amount of $17,212.50; and the check, in the amount of $84,660.00, and approved and executed the Reservation of Rights.
Northeast Asphalt has requested that the Town execute the contract for the repairs to the base. Per Attorney Matt Parmentier, the Town is required to follow statutory bidding requirements prior to executing the contract. NEA is expected to perform the work within days. Parmentier advised that the most expeditious way to handle the situation is to request Nett execute the contract. Motion by Jerry Guelig, second by John Abler, to request Nett execute the contract and to re-issue the check payable Northeast Asphalt. Motion carried (4-0). Chairman Guelig will contact Nett.
b. Raven View Estates. Raven View needs both layers of asphalt and shouldering. The Town's 2012 estimate to complete the project is $75,000. The Letter of Credit, in the amount of $93,750, will expire 11/1/2014. Robert Norris submitted a copy of his accepted and executed quote from Northeast Asphalt. The binder course is down and the final coat is expected to be done when Northeast returns to the area to perform the work contracted by the Town.
c. Sand Hill Ridge. Sand Hill Ridge needs base coarse repair of damaged areas, final coat and shouldering. The Town's 2014 estimate to complete the project is $54,445. The Letter of Credit, in the amount of $72,700, will expire 9/11/2014.
Glenn Elmer, representing Adashun Jones, was in attendance.
Motion by Jerry Guelig, second by John Abler, to draw $72,700, the entire Letter of Credit and to contract for the completion of all needed work by the end of the current season. Motion carried (4-0). The Clerk will personally serve National Exchange Bank & Trust with the necessary document prior to the 9/11/14 expiration.
d. Sandy Beach Business Park. Sandy Beach needs final coat and shouldering. The base course was laid late in the 2013 season. The Town's 2012 estimate for the project is $150,000, including the completed base coarse. The Letter of Credit, in the amount of $187,500, will expire 11/1/14.
It was noted that the Board, during their November 11th, 2013 Board meeting, approved R.A.M.'s request to reduce the letter of credit to $100,000 under the stipulation the final coat is completed during the 2014 season. The current letter of credit had been re-issued prior to the Town's receipt of the request to reduce it.
R.A.M. reports to have a quote for $60,000; per the ordinance the minimum amount of bonding would be $75,000. The quote was not reviewed by the Board nor was a copy submitted to the Board. No formal action was taken to further reduce the letter of credit.
R.A.M., via letter dated June 6, 2014, requested an extension to August 31, 2015, for the completion of the final coat and shouldering. The request was denied on July 14th.
Motion by Jerry Guelig, second by Jim Rosenthal, to draw $100,000 of the Letter of Credit and to contract for the completion of all needed work by the end of the current season. Motion carried (4-0). The Clerk will personally serve National Exchange Bank & Trust with the necessary document prior to the 11/1/14 expiration.
e. Windward Estates. Windward Estates needs the final coat and shouldering. The Town's 2014 estimate to complete the project is $122,800. The Letter of Credit, in the amount of $112,553, will expire on 12/1/14. Nick Mueller, representing Gibraltar Development, LLC, submitted a written response to the Town regarding completion of the project during the upcoming season. Mr. Mueller stated that Gibraltar will "perform the work ourselves". No precise timeline was provided.
Motion by Jerry Guelig, second by John Abler, to draw $112,533 from the Letter of Credit, and to bill the owner for the difference in the cost of the project, and to contract for the completion of all needed work by the end of the current season. Motion carried (4-0).
#2 Consideration and possible approval of a proposal for the installation of a zone damper in the Road Maintenance Supervisor's Office. Groeschel Company submitted a proposal of $1,942.00 for a zone damper in Mike Sabel's office. No formal action was taken. Mike Sabel is researching an electric baseboard heat alternative.
#3 Discuss Deadwood Point Road ditch maintenance and dredging of the drainage-way located on the Fett and Town property. The Carol & Dave Schneider reported that a ditch, at the north end of Deadwood Point where it meets Minawa Beach, was filled-in. Surface water is being contained east and north of Deadwood Point Road. They added that Fett's Pond is not draining, which is causing the Schneider's land to act as a reservoir for the water. Water continues to back-flush in and out of Carol & Leo's basement. Water in the basement has been a problem for the past four years. Schneider noted that the Town removed trees in the recent past but did not clean the ditches.
On or about July 18th, Chairman Jerry Guelig; Jared Seidl, DNR; and Spike Clarenbach, Fond du Lac County Code Enforcement Dept. performed a site visit of the Deadwood Point area. Spike noted that the area at the north end of Deadwood would have been filled-in more than 30 years ago when the sanitary sewer collection system was constructed, as evident by the manhole located in the area. Seidl identified the ditch as an 'intermittent stream'. He noted that the owner can dredge the ditch if he/she wishes; however, a chapter 30 permit from the DNR would be required. Seidl further noted that the DNR will not take enforcement action against the owner of the ditch. Dave Schneider believes additional fill was recently placed in the garage area. Schneider will attempt to contact the owner and attempt some type of resolution. Schneider was advised to contact the DNR should he have any questions.
As for the drainage ditch from Fett's Pond to Lake Winnebago, Seidl was of the opinion that the Town and Fett are responsible for the dredging of their share of the ditch, if they chose to do so. Dave Schneider believes this ditch needs to be dredged. There was no action by the Town Board.
And the north/south ditch from Deadwood Beach Road to Fett's Pond is Fett's responsibility. Schneider is of the opinion that this ditch needs to be mowed annually in order to control the vegetation. It was noted that the Town may need to involve their attorney.
#4 Consideration and possible acceptance of a Planning Service Agreement, submitted by Community Planning & Consulting, LLC, for an on-call staff consultant. The Clerk requested the Agreement for the purpose of assisting in administering the Zoning Code as it relates to the updated Farmland Preservation requirements. The Agreement states a rate of $82.00 per hour. The Board questioned the ability to have the consultant bill the particular property owner for responses to their specific questions.
Per Jeff Sanders, he cannot bill an individual for his services if he does not have a contract with that individual. It was noted that the Town is responsible for the administration of its Zoning Code. Eric Freiberg, ET Surveying, concurred with the Clerk that the new Farmland Preservation requirements are very complicated.
Motion by John Abler, second by Jerry Guelig, to accept the Agreement submitted by Community Planning & Consulting, LLC, for on-call consultation. Motion carried (4-0).
#5 Appointment to the Taycheedah Sanitary District No. 3 Commission, for a term of 6 years. A notice regarding the position appointment was posted on the Town's meeting notice boards. Interested residents were instructed to submit a letter of interest to the Clerk no later than September 8th. No such letters were received.
A petition, signed by 174 District residents, supporting the re-appointment of Bill Gius was presented to the Board.
Motion by John Abler, second by Jerry Guelig, to appoint Bill Gius as Commissioner to the Taycheedah Sanitary District #3, for a term of six years. Motion carried (4-0).

New Business:
#1 Consideration and possible approval of a rezone from Single-Family Residential without Public Sewer (R-2) to Single-Family Residential with Public Sewer (R-1), requested by Tim Korytko for lands located at W3907 Silica Road. The Plan Commission conducted a public hearing on September 4, 2014. The Plan Commission passed a resolution recommending the Town Board approve the request as presented. Noting the rezone is consistent with the Town's Comprehensive Plan, motion by Jerry Guelig, second by John Abler, to rezone lands located at W3907 Silica Road, from Single-Family Residential without Public Sewer (R-2) to Single-Family Residential with Public Sewer (R-1). Motion carried (4-0).
#2 Consideration and possible approval of a rezone from Exclusive Agriculture/Farmland Preservation (A-1) to General Agriculture (A-2), requested by Lynn & Peggy Birschbach for lands located west of W2961 Cody Road. The Plan Commission conducted a public hearing on September 4, 2014. The Plan Commission passed a resolution recommending the Town Board approve the request as presented, conditional upon attachment to the adjacent property owned by Jason Guelig. Noting the rezone is consistent with the Town's Comprehensive Plan, motion by Jerry Guelig, second by Clarence Kraus, to rezone lands located adjacent to W2961 Cody Road, from Exclusive Agriculture/Farmland Preservation (A-1) to General Agriculture (A-2), conditional upon attachment to the adjacent parcel owned by Jason Guelig. Motion carried (4-0).
#3 Consideration and possible amendment to the Zoning code, Section 13-1-54, Business District with Public Sewer (B-1), to decrease the minimum lot size from 'one-acre'; amend Section 13-1-71, Bed & Breakfast Establishments, in increase the number of rooms provided for lodging from 'four or fewer' to 'eight or fewer'; and, amend Section 13-1-76, Exclusive Agriculture/Farmland Preservation District, by adopting a Mobile Tower Siting Permit Ordinance. The Plan Commission conducted a public hearing on September 4, 2014. The Plan Commission passed a resolution recommending the Town Board sustain the one-acre minimum lot size in the Business with Public Sewer District (B-1) as noted in Section 13-1-54; to approve the amendment to Section 13-1-71, Bed & Breakfast Establishments, to increase the number of rooms provided for lodging to eight or fewer; and to postpone adoption of a Mobile Tower Siting Permit Ordinance until such time as a draft version is presented.

Motion by John Abler, second by Jim Rosenthal, to sustain the one-acre minimum lot size in the B-1 District, as recommended by the Plan Commission. Motion carried (3-0). Abstention-Jerry Guelig.
Noting consistency with Section 13-1-8(b)(1) and with the DHS Administrative Code, motion by Jim Rosenthal, second by John Abler, to amend Section 13-1-71, Bed & Breakfast Establishments, to increase the number of rooms provided for lodging to eight or fewer. Motion carried (3-0). Abstention-Jerry Guelig.
Motion John Abler, second by Jim Rosenthal, to postponed adoption of a Tower Ordinance to a yet to be determined date, to allow time for the State to reach a resolution regarding the issue. Motion carried (4-0).
#4 Consideration and possible repeal of Title 6, Chapter 5, Maintenance of Natural and Man-Made Surface Drainage Ways "Ditch and Waterways". Motion by John Abler, second by Jim Rosenthal, to accept the recommendation of the Town's Attorney and to repeal the Title 6, Chapter 5, Maintenance of Natural and Man-Made Surface Drainage Ways "Ditch and Waterways" Ordinance. Motion carried (3-1). Nay- Clarence Kraus.
#5 Consideration and approval of the installation of a Little Free Library on the Town-owned parcel located at the Hidden Prairie entrance. Barbara Kuhls, N7585 Deer Path Road, requested approval for the installation of a Little Free Library on the sliver of land owned by the Town that is parallel to the entrance to Hidden Prairie. Peter Kuen, County Surveyor, Fond du Lac County Highway Department, indicated via email that the Department has no objection with placement as indicate by Ms. Kuhls.
Ms. Kuhls was in attendance. She indicated they will install and maintain the Library. Motion by Jim Rosenthal, second by John Abler, to approve the request to install a Little Free Library on the Town-owned lot at the entrance to Hidden Prairie so long as it is installed in an area south of the Hidden Prairie sign, and so long as the petitioner, or her designee(s), maintain the Library. Motion carried (3-1). Nay-Clarence Kraus.
#6 Consideration and possible acceptance of a Cleaning Services Proposal, submitted by Guardian. A proposal was submitted by Guardian for $240.00 per month for weekly cleaning. Under a separate arrangement, Guardian is also capable of stripping/waxing the flooring and interior painting, at additional costs. The proposal is for a period of 12-months. Motion by Jerry Guelig, second by Jim Rosenthal, to accept the Cleaning Services Proposal submitted by Guardian. Motion carried (4-0).
#7 Board of Appeals appointment to fill a vacancy. Gale Burg has resigned as a member of the Board of Appeals. Burg's term expires in 2016. Chairman Guelig made the following appointments:
Erv Karls to complete Burg's unexpired term
Joe Sabel 1st alternate
#8 Certified Survey Maps. A Certified Survey Map was submitted on behalf of Timothy Korytko, creating Lot 1, consisting of 3.000 acres; and, Lot 2, consisting of 2.911 acres, in the SE 1/4 of the SW 1/4 of Section 16. Motion by Jerry Guelig, second by Clarence Kraus, to approve the CSM, noting the zoning of the lands has been made consistent. Motion carried (4-0).
#9 Authorization to change/update the account signers on the Town credit card and consider increasing the credit limit. The credit card account does not have the current Treasurer listed as a signer and remains at the original $2,000 limit. Motion by Jerry Guelig, second by John Abler, to update the signers on the account to Jerome Guelig, Brenda Schneider and Katherine Diederich; and to increase the limit to $3,500.00. Motion carried (4-0).
#10 Discuss possible technical assistance project requests to be submitted to East Central Wisconsin Regional Planning Commission for 2015. It is expected that Fond du Lac County will become a member of ECWRP beginning in 2015. With the County as a paying member, all municipalities can benefit from ECWRP services at no charge to the municipality. ECWRP has distributed request forms. Motion by Jerry Guelig, second by Clarence Kraus, to request ECWRP's assistance with an environmental study of drainage within the Town's road rights-of-way, and assistance to compile the Town's road sign inventory, with a priority placed on the environmental study. Motion carried (4-0).
#11 Discuss property/liability insurance renewal. The Town Board is very satisfied with the service provided by Rural Mutual Insurance. The Board was not interested in bidding the Town's insurance.
#12 Implements of Husbandry Workshop-September 24th, 7:00 p.m., Lamartine Town Hall, N5269 Schaefer Drive, Oakfield. Supervisors Abler and Kraus anticipate attending on behalf of the Town Board.



Ordinance Enforcement:
#1 Chickens in a residential district-N8628 Decorah Lane. Fond du Lac County Code Enforcement Dept and the Town have received anonymous complaints regarding the raising of chickens at a Decorah Lane residence. Chairman Guelig investigated the claim. The homeowners have two Banty chickens that are the children's pets. The chickens are kept in a cage. Motion by Jerry Guelig, second by Clarence Kraus, to repeal the ordinance prohibiting chickens in a residential district. The Board was informed that the prohibition is contained in the Zoning Code; therefore, a Plan Commission public hearing is required in order to repeal the ordinance language. The Chairman did not call a vote on the motion. No further action was taken in regards to the violation.
#2 Nuisance debris-W4014 Cty. WH and N8114 Glen Street. Chairman Guelig reported that the owner of the Glen Street property is not ad versed to help and is willing to pay for assistance. Chairman Guelig will check into some type of service.
Chairman Guelig also reported that a 20-yeard dumpster was delivered to the Cty. WH property. Guelig mistakenly reported that the debris has been cleaned-up. Apparently the debris he witness in the dumpster was not from the piles just off the end of Nursery Drive. Chairman Guelig will re-check the property.
#3 Noxious weeds-W3651 Cty. WH. The owners moved out of the Town. The Board will research having the Building Inspector perform an inspection of the home to determine inhabitability.

Public Comments and Questions Pertaining to Town Business:
The Board heard comments regarding the lack of a stop sign at the intersection of Taycheedah Way and Lake Park Drive, several vehicles witnessed at the Town Shop and a non-Town-owned vehicle in the shop.

Adjournment:
Motion by Jim Rosenthal, second by Clarence Kraus, to adjourn the meeting at 9:18 p.m. Motion carried (4-0).



Attest. _________________________________________
Brenda A. Schneider, Clerk




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